Cal. Civ. Code § 89-7-115
Tenant’s remedy against landlord.
Operative Text
If any distress or seizure and sale be made under color of law for rent or supplies pretended to be due and in arrear, where, in truth, no rent or sum for supplies is due or owing to the party causing the distress or seizure to be made, then the owner of the agricultural products or other property so taken and sold, his executor or administrator, shall have remedy by action against the person in whose name or right such property was taken, his executor or administrator, and shall recover double the value of the property, with costs, or may put the bond of the plaintiff in suit to recover damages for the wrongful suing out of the writ, and shall recover therein double the value of the property, if the penalty of the bond amount to so much. History Codes, Hutchinson’s 1848, ch. 56, art. 5 (5); 1857, ch. 41, art. 10; 1871, § 1629; 1880, § 1311; 1892, § 2517; 1906, § 2855; Hemingway’s 1917, § 2353; 1930, § 2218; 1942, § 940.
Mississippi Code § 89-7-115 addresses situations where a landlord or other party wrongfully seizes and sells a tenant's agricultural products or other property under the false claim that rent or supply debts are owed. When no such debt actually exists, the property owner whose goods were taken has a legal remedy against the party who caused the seizure. The available recovery is double the value of the wrongfully taken property, plus costs, whether pursued through a direct action or by suing on the plaintiff's bond.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-115, landlords and property managers who initiate a distress or seizure action bear significant legal exposure if the claimed debt for rent or supplies is not actually owed. A compliant operator ensures that any distress action is supported by a genuine, documented debt before proceeding, and maintains accurate records of amounts owed and any payments received. Initiating a seizure without a valid legal basis can expose the party who caused the action to liability for double the value of the property taken, along with court costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-115 provides a remedy for tenants or property owners whose agricultural products or other property have been wrongfully seized and sold under a false claim of unpaid rent or supplies. If no debt was actually owed at the time of the seizure, the affected party—or their estate—may bring a direct legal action to recover double the value of the property taken, or may pursue a claim on the bond filed by the party who initiated the writ. Tenants who believe a seizure was made without a valid debt basis may wish to consult a tenant-rights organization or legal aid service to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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